EEOC Settles Same-Sex Harassment Lawsuit

Author: Beth Zoller, XpertHR Legal Editor

March 10, 2014

The EEOC recently entered into a consent decree with Roy Farms Inc. in which the employer agreed to pay $85,000 to settle a same-sex harassment lawsuit. This type of settlement should alert an employer that although sexual orientation is not a protected class under federal law, same-sex harassment and gender stereotyping violate federal civil rights laws. Further, sexual harassment does not depend upon the sex of the victim or the harasser.

The lawsuit involved allegations that a male supervisor had engaged in sexual abuse, made sexual and threatening comments and engaged in physical contact with four male workers. Specifically, the EEOC alleged that the supervisor told the men in vulgar terms that he wanted to have sex with them, and on other occasions, he would caress their faces, backs and buttocks. One of the employees reported that the harassment was so intense that he feared for his safety and that he was compelled to quit his job. The employees claimed that although they complained to a different supervisor and the farm's owner, nothing was done in response to their complaints.

The employer agreed to resolve the allegations in the lawsuit. In addition to the monetary settlement, Roy Farms agreed to:

  • Institute changes to ensure that its complaint procedures are accessible;
  • Provide equal employment opportunity training for its supervisors while holding them accountable for any harassment that takes place under their watch;
  • Make any updates to its harassment policies available in both English and Spanish; and
  • Report any harassment complaints directly to the EEOC for a period of three years.

In commenting on the settlement, EEOC San Francisco Regional Attorney William R. Tamayo remarked "There is a persistent misconception that sexual harassment involves only male-on-female conduct, but sexual harassment is illegal regardless of the sex of the victim or the harasser."